329.43
Legal advisor; other legal counsel.

(A)
The
prosecuting attorney of the county with the largest population that formed
a joint
county department of job and family services under section
329.40 of the Revised Code shall
serve as the legal advisor of the board of directors of the joint county
department, unless the counties that formed the joint county department agree
to appoint the prosecuting attorney of another county that formed the joint
county department as legal advisor of the board. The board of directors may pay
to the county of the prosecuting attorney who is the legal advisor of the board
any amount agreed upon by the board of directors and the board of county
commissioners of that county to reimburse that county for the costs that are
properly allocable to the service of its prosecuting attorney as the legal
advisor of the board of directors.

(B)
The
prosecuting attorney shall provide such services to the board of directors as
are required or authorized to be provided to other county boards under Chapter
309. of the Revised Code.

(1)
If the board of directors of
a joint
county department wishes to employ other legal counsel on an annual basis to
serve as the board's legal advisor in place of the prosecuting attorney, the
board may do so with the agreement of the prosecuting attorney. If the
prosecuting attorney does not agree, the board of directors may apply to the
court of common pleas of the county with the largest population that formed the
joint county department for authority to employ other legal counsel on an
annual basis.

(2)
If the
board of directors of a joint county department wishes to employ other
legal counsel to represent or advise the board on a particular matter in place
of the prosecuting attorney, the board may do so with the agreement of the
prosecuting attorney. If the prosecuting attorney does not agree, the board of
directors may apply to the court of common pleas of the county with the largest
population that formed the joint county department for authority to employ
other legal counsel for that particular matter.

(3)
The
prosecuting attorney who is the legal advisor of the board of directors shall
be given notice of an application filed under division (C)(1) or (2) of this
section and shall be afforded an opportunity to be heard. After the hearing,
the court may authorize the board of directors to employ other legal counsel on
an annual basis or for a particular matter only if it finds that the
prosecuting attorney refuses or is unable to provide the legal services that
the board requires. If the board of directors employs other legal counsel on an
annual basis or for a particular matter, the board may not require the
prosecuting attorney to provide legal advice, opinions, or other legal services
during the period or to the extent that the board employs the other legal
counsel.